Terms & Conditions
These Terms and Conditions of sale (“Terms”) shall apply to all sales made by the Seller and are deemed to be incorporated in any contract for sale of goods entered into by the Seller with the Buyer whether arising from acceptance by the Seller (whether oral or in writing) of an order received from the Buyer or a Quotation provided by the Buyer. These Terms shall take precedence over any previous agreements entered into between the Buyer and Seller (whether written or oral) with respect to those or any other goods to the extent of any inconsistency.
In these Terms, unless the context otherwise requires:-
a) Buyer means the person or company named in the sales invoice or Quotation;
b) Seller means TIRAR Pty Ltd;
c) Quotation means the form of quotation submitted by the Seller to the Buyer.
d) Any special condition set forth in the quotation shall take precedence over these Terms but only to the extent of any inconsistency.
e) Words importing the singular shall include the plural, words denoting a given gender shall include all genders and words denoting natural persons shall include corporations.
a) A Quotation given is not an offer. An order placed by the Buyer pursuant to a quotation is not binding on the Seller (including any purported variation to these Terms contained in that order) unless and until such order is accepted by the Seller.
b) Prices quoted on the Seller’s price list or in a Quotation are subject to change without notice.
3. Price and Taxes
a) The Buyer is responsible for payment of any Goods and Services Tax (GST) pursuant to A New Tax System (Goods and Services Tax) Act 1999.
b) Between the date of order and delivery if there is an increase in the cost to the Seller to supply the goods which is beyond the control of the Seller, then the Seller reserves the right to not proceed with the supply of the goods to the Buyer in which event any monies paid by the Buyer will be refunded in full.
c) All prices are in Australian dollars, unless stated otherwise.
The cost of delivery of the goods will be the responsibility of the Buyer and will be added on to the Seller’s invoice for the goods. An estimate of delivery fees will be provided by the Seller upon request.
5. Parts and Deliveries
Unless agreed to the contrary by the Buyer and the Seller in writing, the Seller reserves the right to make part deliveries of any order. Failure to make delivery of the total order shall not invalidate the sale. Where delivery is affected by part delivering the goods, the Seller shall be entitled to invoice the Buyer for the goods delivered.
The Buyer shall be responsible for and shall indemnify the Seller against any loss of or damage to the goods from the time of dispatch of the goods by the Seller from its warehouse or premises until the goods are paid for in full by the Buyer and for any other loss or damages caused by or arising from any breach of these Terms by the Buyer.
7. Retention of Title
(a) All risk in the goods passes to the Buyer upon dispatch of the goods by the Seller from its warehouse or premises.
(b) Title in the goods remains with the Seller until all monies owing to the Seller by the Buyer (including payment for the goods) has been made in full and not withstanding any intermediate payment in settlement for any particular account.
(c) Until title in the goods passes to the Buyer, the Buyer possesses the goods solely as bailee for the Seller and will store the goods separately from other items and will mark them so that they are clearly identifiable as the Seller’s property.
(d) The Buyer as fiduciary may in the ordinary course of business, sell or deal with the goods and may, for that purpose, part with possession of the goods but only on the condition that the proceeds of any such sale or dealing will be kept separate from other funds and immediately applied in payment to the Seller.
(e) The Buyer may process or incorporate the goods with any other property only on the condition that the Seller retains ownership of the product of such process or incorporation, that the product of such process or incorporation is stored separately and marked as mentioned above and that such product may, in the ordinary course of business, be sold but so that the proceeds of sale will be kept separate from other funds and immediately applied in payment to the Seller.
(f) For the avoidance of doubt, the Seller’s interest constitutes a “purchase money security interest” pursuant to the Personal Property Securities Act 2009. Pursuant to section 157(3) of the Personal Property Securities Act 2009, the Buyer waives its right to be notified of the registration of a security interest by the Seller.
8. Consent to Register
The Buyer hereby consents to the Seller recording its security interest created by the Terms on the Personal Property Securities Register and agrees to do all things necessary and reasonably required by the seller to effect such registration.
9. Cancellation of Order
a) Any request for cancellation of an order must be made in writing.
b) Subject to any applicable laws including Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (the Australian Consumer Law) upon cancellation the Buyer will forfeit the full deposit paid. If the full deposit paid is insufficient to cover the Seller’s reasonable costs incurred in fulfilling the order to the date of cancellation then the shortfall shall be payable by the Buyer to the Seller upon receipt of an invoice from the Seller.
10. Construction, Design, Dimensions and Other
a) As the goods are the subject of continuous evaluation and improvement and the production methods subject to change, the Seller reserves the right to change without notice the construction, design, and dimensions of the goods.
b) Certain finishes (including plated finishes) which are applied to goods are protective coatings which may wear off. The Seller is not liable for any tarnishing or excessive wear of such finishes. The Buyer acknowledges that such tarnishing or excessive wear is not a defect in the goods and to the extent permitted by law the Seller is not liable to accept the return of such goods under warranty or otherwise.
11. Exclusion of Warranties, Australian Consumer Law and Limitation of Liability
a) To the extent permitted by law and subject to the Australian Consumer Law all implied conditions, warranties and undertakings are expressly excluded.
b) The Seller’s liability for any breach of a consumer guarantee under the Australian Consumer Law to the extent that it applies is limited at the Seller’s sole discretion to any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods (ii) the repair of the goods (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired.
c) The Buyer expressly acknowledges and agrees – (i) that the Seller is not liable for any advice given by its agents or employees in relation to the suitability for any purpose of goods or materials supplied by the Seller and all such advice relied upon is at the Buyer’s own risk.
d) To the extent permitted by law the Seller assumes no liability for any loss or damage suffered by the Buyer arising directly or indirectly from the supply and delivery of the goods to the Buyer by the Seller.
a) The Buyer shall be deemed to have accepted the goods to be of the description, quality and quantity ordered unless particulars of a claim to the contrary are notified to the Seller in writing within seven (7) days after delivery.
b) An authority number for the return of goods must accompany all returns. A credit will be issued on the basis of inspection and acceptance by the Seller. The Seller reserves the right to impose a handling charge of up to 30% on goods returned as a reasonable estimate of its costs.
c) To the extent permitted by law custom made goods are not returnable under any circumstances and orders in respect of such may not be cancelled by the Buyer.
13. Warranty Against Defects
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits to you given by the warranty are in addition to your other rights and remedies under law in relation to the goods to which the warranty relates.
The Seller can be contacted, via email or Phone +61 2 9487 2086.
a) Subject to clause 10, the Seller offers a 5 year warranty period for all defects in relation to its products.
b) The Seller has the right to inspect the goods to ensure a warranty issue exists. Any issues that arise because of incorrect installation, modification to a product or fair wear and tear are not the responsibility of the Seller.
b) The Buyer must notify the Seller in writing of any claims for warranty within 7 days of becoming aware of the warranty issue.
c) The Buyer must contact the Seller to advise of any warranty issues before goods are returned. Once the Buyer has been issued with a Return Authority Number, goods can be returned to 34 Park Avenue Waitara NSW 2077 or such other address advised by the Seller.
d) The Seller will bear the cost of the replacement/repair of the warranty product. The Buyer is responsible for any cost incurred in the removal or installation of warranty products. All freight charges in relation to the return of goods under warranty will be responsibility of the Buyer.
14. Outside Interference
The Seller shall not be liable to the Buyer for any defect, loss, damage or delay caused by strikes, lock-outs, damage to or breakdown of plant, Government Interference, acts of God, earthquake, civil commotion, war, fire, force majeure or any other cause beyond the control of the Seller.
15. Terms of Payment
Payment for all goods must be made in full on presentation of an invoice by the Seller and prior to dispatch of the order. A 50% deposit is required upon placement of order, which acknowledges confirmation of order and acceptance of the Terms. The Seller also accepts payments by direct deposit. Pursuant to clause 4 of the Terms the cost of delivery of the goods is to be paid by the Buyer and will be added to the invoice issued by the Seller.
Couriers generally deliver during business hours and insurance may be offered by the courier company upon request. This is the responsibility of the Buyer.
16. Default by Buyer
If the Buyer breaches these Terms by failing to make payments to the Seller when due; or by committing an insolvency event including bankruptcy, liquidation, receivership or administration; or otherwise, then the Seller may without prejudice to its other rights, retake possession of the goods from the Buyer’s premises or the property/sites of third parties and/or suspend further deliveries of goods. The Buyer shall indemnify and keep the Seller indemnified against all costs and liabilities incurred by Seller arising from its default and the resulting costs of the Seller. Further, any credit facilities may be withdrawn at the Seller’s sole discretion, without notice.
17. Seller’s Right to Charge Interest
In the event that the Seller extends credit to the Buyer at its sole discretion and the Buyer fails to make payment of any monies due under any invoice issued by the Seller within the due time for payment specified therein, the Buyer hereby agrees to pay interest at the rate equivalent to 90 day bank bills as published by the Australian Financial Review on the due date plus one
(1) percent calculated and charged on daily rates from the due date until payment is made in full.
18. Applicable Law
The Terms shall be construed in accordance with the laws in force in the State of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with the Terms.
The Seller may vary these Terms by notice in writing to the Buyer. If the Australian Consumer Law applies to the sale then the Buyer may consider the variation and, if not acceptable, may elect not to proceed with the purchase of goods ordered before the date of the variation but which are intended to be subject to the variation. If the Australian Consumer Law does not apply to the sale then the Buyer agrees and acknowledges that the goods delivered after the date of a notice of variation will be subject to the variation and to the extent permitted by law the Buyer is not entitled to reject the goods on the basis of the variation.